See Gabriel Aubry's Banged-Up Face After Fight with Halle's Fiance

Halle Berry's ex claims her new fiance, Olivier Martinez, beat him severely and threatened to kill him

Halle Berry's bruised and battered ex-boyfriend Gabriel Aubry is not giving up his fight against Olivier Martinez -- at least in court. The French-Canadian model, 36, has been granted a restraining order against the Unfaithful actor, 46. 

Aubry, the father of Berry's 4-year-old daughter Nahla, alleges that despite what early media reports say, it was Berry's fiance Martinez who started their Thanksgiving Day fight by making numerous profanity laden remarks and even threats on his life -- all in French (Aubry is Quebecois and Martinez is Parisian).

According to Aubry's claims, Martinez told him angrily: "You cost us $3 million. When you see the judge, you're going to tell him you're going to Paris or I'm going to kill you."

The comment refers to the ongoing battle between Aubry, Berry and Martinez. The Oscar-winning actress had hoped to move to Paris, but a judge recently ruled against her custody request to move to France with Nahla, explaining it would make it too difficult for Aubry to see his child.

The allegations were detailed in Aubry's granted request for a restraining order; the documents were accompanied by gruesome photographs of his injuries, including a black and swollen eye and various facial lacerations (seen above, left).

Aubry's allegations are in direct conflict with Berry and Martinez's version of events, which claim that Aubry (who was arrested and booked for misdemeanor battery that day but later released on $20,000 bail) instigated the fight.

"This incident arose as a result of a fight initiated by Mr. Aubry when Nahla was delivered for Thanksgiving and Mr. Martinez attempted to have a discussion with him," the source tells People.

But in his court papers, Aubry says that he thought it was strange Martinez was approaching him, since Berry's fiance isn't usually present for custodial hand-offs. Aubrey alleges his daughter said, "Olivier is here. I'm scared."

After Aubry turned Nahla over to someone named Miriam, Martinez apparently told him, "We need to talk."

"All of a sudden, Mr. Martinez jumped me on the side of my body and punched me such that he had taken me down to the ground," Aubry alleges. "He continued to punch me at least two or three times, kicked me in the ribs with his knee or foot, and took my head in his hands and slammed it to the concrete driveway. It all happened so fast and so suddenly; I did not see Mr. Martinez's actions coming, and thus, I was not ready for it and was not able to defend myself."

In addition to threatening to kill him Aubry claims Martinez also said, "From now on you're going to do drop offs on the street. I'm not just some f––ing actor, you don't know me." And indeed, Martinez isn't just an actor, he's also a former professional boxer (as well as the son of a professional boxer).

Regardless of whose story is true, it's clear that Berry and Aubry's custody battles just got a lot more complicated. 

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